Prof. Berman points to this story out of Oregon (via Corrections Sentencing) which says that the state is considering employing chemical castration to prevent “high-risk” offenders from re-offending.

The state is close to approving a Corrections Department budget that includes money to expand the state’s chemical castration program. If passed, the state would pay for high-risk sex offenders to receive twice-monthly shots of Depo-Provera, a testosterone-reducing drug.

Depo-Provera, originally developed as a contraceptive for women, creates sexual apathy in men by reducing the level of testosterone. European countries have used the drug since the 1960s to treat sex offenders. It’s less popular in the U.S., and Oregon is one of fewer than 10 states reported to have chemical castration laws.

Prof. Berman asks whether chemical castration (if proven to work) should be employed (actually, why shouldn’t it be). As readers might guess, I am uneasy with this proposition. There are several assumptions here: That we know that “high-risk” offenders will re-offend; that all “high-risk” offenders will re-offend. This does dip into some “Minority Report” territory. I’m quite uneasy by the idea that we will assume that all high-risk offenders are going to re-offend and we need to stop that by subduing the sexual urge by reducing levels of testosterone.

Those are some mighty assumptions and I’m uncomfortable with that. There are (have to be) better alternatives to this. What if we have an offender that, despite being “high-risk” is rehabilitated and wishes to live a normal life? I see visions of Buck v. Bell.

Btw, here are resources for chemical castration and resources against chemical castration.

Tell me how I’m wrong.

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